Laws and Regulations

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Sometimes mercury is released through emissions from manufacturing, use, or disposal activities. Laws and regulations are a major tool in protecting the environment. Congress passes laws (statutes) that govern the United States. To put those laws into effect, Congress authorizes certain government agencies, including the Environmental Protection Agency (EPA), to create and enforce regulations. Regulations provide specific rules and details for how to put the law into practice. Under certain Federal environmental statutes, such as the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, EPA has the responsibility to develop regulations to control some mercury emissions to air, water, or from wastes and products. In addition, states also develop regulations to address mercury emissions.

Mercury-Specific Laws

Mercury Export Ban Act of 2008

The Mercury Export Ban Act (PDF) (8 pp, 166K, About PDF) was signed into law on October 14, 2008. The Act includes provisions on both mercury exports and long-term mercury management and storage. Because the United States is ranked as one of the world's top exporters of mercury, implementation of the act will remove a significant amount of mercury from the global market. Currently, mercury is exported from the United States to foreign countries where it has various uses, including for use in artisanal and small-scale gold mining. The use of mercury in artisanal gold mining not only adversely affect the health of millions of artisanal miners and their communities, but is also a major cause of global mercury pollution. To aid in addressing these concerns, EPA has provided expertise to the United Nations Industrial Development Organization (UNIDO)'s Global Mercury Project's artisanal mining project, which focuses on best management practices to reduce occupational exposure, emissions and mercury use.

The Act's three main provisions are the following:

Federal agencies are prohibited from conveying, selling or distributing elemental mercury that is under their control or jurisdiction. This includes stockpiles held by the Departments of Energy and Defense.

Export of elemental mercury is prohibited from the United States beginning January 1, 2013.

The Department of Energy (DOE) shall designate one or more DOE facilities for long-term management and storage of elemental mercury generated within the U.S. This designation must occur no later than January 1, 2010.

EPA released its Report to Congress on Mercury Compounds (PDF) (123 pp, 619K). The report, required by Congress under section 4 of the Mercury Export Ban Act of 2008, identifies sources of mercury compounds in the U.S. and reports quantities in imports, exports, and uses of these compounds in products and processes.

EPA may grant by rule, after notice and opportunity for comment, an exemption for a specified use at an identified foreign facility if each of the following findings is satisfied:

Non-mercury alternatives for the specified use are not available in the country where the facility is located.

There is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the elemental mercury will be used.

The country where the elemental mercury will be used certifies its support for the exemption.

The export will be conducted in such a manner as to ensure the elemental mercury will be used at the identified facility and not otherwise diverted for other uses for any reason.

The elemental mercury will be used in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental effects.

The elemental mercury will be handled and managed in a manner that will protect human health and the environment, taking into account local, regional, and global human health and environmental effects.

The export of elemental mercury for the specified use is consistent with international obligations of the United States intended to reduce global mercury supply, use, and pollution.

Mercury-Containing and Rechargeable Battery Management Act of 1996

The Mercury-Containing and Rechargeable Battery Management Act of 1996 (Battery Act) phases out the use of mercury in batteries, and provides for the efficient and cost-effective disposal of used nickel cadmium (Ni-Cd) batteries, used small sealed lead-acid (SSLA) batteries, and certain other regulated batteries. The statute applies to battery and product manufacturers, battery waste handlers,
and certain battery and product importers and retailers.

Other Environmental Laws that Limit Mercury Exposures

Clean Air Act

The Clean Air Act regulates 188 air toxics, also known as “hazardous
air pollutants.” Mercury is one of these air toxics. The
Act directs EPA to establish technology-based standards for certain
sources that emit these air toxics. Those sources also are required
to obtain Clean Air Act operating permits and to comply with all
applicable emission standards.

The law includes special provisions for dealing with air toxics
emitted from utilities, giving EPA the authority to regulate power
plant mercury emissions by establishing "performance standards" or "maximum
achievable control technology" (MACT), whichever the Agency
deems most appropriate. On March 15, 2005, EPA issued the Clean
Air Mercury Rule, which creates performance standards and establishes
permanent, declining caps on mercury emissions. The Clean Air Mercury
Rule marks the first time EPA has ever regulated mercury emissions
from coal-fired power plants.

Clean Water Act

Under the Clean Water Act, states adopt water quality standards
for their rivers, streams, lakes, and wetlands. These standards
identify levels for pollutants, including mercury, that must be
met in order to protect human health, fish, and wildlife. No person
may discharge pollutants, including mercury, into waters unless
the person has a permit. Under the Act, either EPA or U.S. states
issue permits, which must include limits that ensure the water
quality standards are met. In addition, EPA and U.S. states issue
information to the public on waters contaminated with mercury and
on the harmful effects of mercury, identify the mercury sources
and reductions needed to achieve water quality standards, and warn
people about eating fish containing high levels of methylmercury.

Resource Conservation and Recovery Act (RCRA)

RCRA
requires that EPA manage hazardous wastes, including mercury wastes,
from the
time they are generated, through storage and transportation, to
their ultimate treatment and disposal. EPA has established treatment
and recycling standards that must be met before these wastes can
be disposed of. Certain mercury wastes -- mercury-containing household
hazardous waste and waste generated in very small quantities --
are exempt from some RCRA hazardous waste requirements. RCRA also
sets emission limits for mercury-containing hazardous waste that
is combusted. U.S. states are largely responsible for implementing
the RCRA program and their requirements can be more stringent than
federal requirements; for example, some states have identified
specific mercury-containing wastes, such as dental amalgam, as
warranting more stringent treatment and disposal.

Safe Drinking Water Act

Under
the Safe Drinking Water Act, EPA sets standards for drinking water
that apply to public water systems.
These standards protect people by limiting levels of mercury and
other contaminants in drinking water. Mercury contamination in
drinking water can come from erosion of natural deposits of mercury,
discharges into water from refineries and factories, and runoff
from landfills and cropland. U.S. states have the primary responsibility
for enforcing drinking water standards.

On August 9, 2010, EPA issued a final rule to limit emissions of mercury and other toxics from Portland cement plants. This rule was published in the Federal Register on September 9, 2010. The rule adds or revises, as applicable, emission limits for mercury, total hydrocarbons (THC), and particulate matter (PM) from new and existing kilns located at major and area sources, and for hydrochloric acid (HCl) from new and existing kilns located at major sources. The standards for new kilns apply to facilities that commence construction, modification, or reconstruction after May 6, 2009.

On April 22, 2004, EPA issued a regulation to control emissions from iron and steel foundries. The rule included emission limits for manufacturing processes and pollution prevention-based requirements to reduce air toxics from furnace charge materials and coating/binder formulations. The rule also included a work practice requirement to ensure removal of auto mercury switches from scrap.

Reduction
of Toxic Air Emissions from Combustion Sources that Burn Hazardous
Waste - This proposed rule would reduce emissions
of toxic
air pollutants, including mercury, from five types of combustion
sources that burn hazardous waste (incinerators, cement kilns,
lightweight aggregate kilns, boilers, and hydrochloric acid
production furnaces). Sources that would be affected by the
proposal combust
hazardous waste in order to treat or detoxify the waste.

Reduction
of Toxic Air Emissions from Industrial, Commercial, and Institutional
Boilers and Process Heaters - This final rule
reduces toxic air pollutants, including mercury, from industrial,
commercial, and institutional boilers and process heaters. Boilers
burn coal and/or other substances such as wood to produce steam.
The steam is used to produce electricity or provide heat. Process
heaters heat raw or intermediate material during an industrial
process. This rule limits the amount of air toxics that may be
released from exhaust stacks of all new (built after January 13,
2003) and existing large and limited use solid fuel boilers and
process heaters that are located at facilities considered to be
major sources of air toxics.

Toxics

In May 2012, EPA issued a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for the use of elemental mercury in barometers, manometers, hygrometers and psychrometers. The rule requires persons who intend to manufacture, import or process elemental mercury for an activity designated as a significant new use by this rule to notify EPA in advance. The required notification provides EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. This final rule is effective June 29, 2012. Read the rule (PDF).

Water

Final
Rule - Water Quality Guidance for the Great Lake Systems (Great
Lakes Initiative) - In l995, EPA and the Great Lakes states
agreed to a comprehensive plan to restore the health of the Great
Lakes. The Final Water Quality Guidance for the Great Lakes System,
also known as the Great Lakes Initiative, includes criteria for
states to use when setting water quality standards for 29 pollutants,
including bioaccumulative chemicals of concern, and prohibits the
use of mixing zones for these toxic chemicals.

Method
1631: Guidelines Establishing Test Procedures for the Analysis of
Pollutants; Measurement of Mercury in Water - EPA publishes
methods used by industrial and municipal facilities to analyze the
components of wastewater, drinking water, sediment, and other environmental
samples. The methods are used to collect scientific information
under the Clean Water Act and the Safe Drinking Water Act. Method
1631 is an additional testing procedure for compliance and water
quality monitoring, effluent guidelines, and general laboratory
use that improves EPA's ability to measure mercury in water.

Listing Waters Impaired by Atmospheric Mercury under Clean Water Act Section 303(d), also known as “subcategory 5m”: The approach is recommended for states that have in place a comprehensive mercury reduction program with elements recommended by EPA. These states may put their waters impaired by mercury primarily from air sources in a subcategory "5m" of their 303(d) lists and defer development of Total Maximum Daily Loads (TMDLs). The approach uses Clean Water Act tools to encourage state and regional mercury reduction programs, and recognizes early actions by states to address their mercury sources and achieve environmental results sooner.

Wastes and Products

Hazardous
Waste Identification Regulations (40 CFR Part 261) - Classification
of solid wastes as hazardous wastes is based on exhibited hazardous
waste characteristics and/or on inclusion of the waste on a
list of hazardous wastes developed by EPA. Once a waste has
been identified as hazardous, it must comply with all applicable
Federal regulations regarding its management, which are contained
in 40 CFR Parts 262 through 265, 268, and Parts 270, 271, and
124.

Reduction
of Toxic Air Emissions from Combustion Sources that Burn Hazardous
Waste - This proposed rule would reduce emissions
of toxic air pollutants, including mercury, from five types of
combustion sources that burn hazardous waste (incinerators, cement
kilns, lightweight aggregate kilns, boilers, and hydrochloric acid
production furnaces). Sources that would be affected by the proposal
combust hazardous waste in order to treat or detoxify the waste.

Reduction
of Toxic Air Emissions from Industrial, Commercial, and Institutional
Boilers and Process Heaters - This final rule reduces toxic
air pollutants, including mercury, from industrial, commercial,
and institutional boilers and process heaters. Boilers burn coal
and/or other substances such as wood to produce steam. The steam
is used to produce electricity or provide heat. Process heaters
heat raw or intermediate material during an industrial process.
This rule limits the amount of air toxics that may be released
from exhaust stacks of all new (built after January 13, 2003)
and existing large and limited use solid fuel boilers and process
heaters that are located at facilities considered to be major
sources of air toxics.

Methods
7470A-7474 - Test methods that can be used to detect the
presence of mercury for use in complying with Resource Conservation
and Recovery Act (RCRA) regulations.

States

Interstate
Mercury Education and Reduction Clearinghouse (IMERC)- The Northeast Waste Management Officials' Association’s
(NEWMOA) Interstate Mercury Education and Reduction Clearinghouse
(IMERC) provides ongoing technical and programmatic assistance
to states that have enacted provisions of the Mercury Education
and
Reduction
Model Legislation, and provides a single point of contact for industry
and the public for information on mercury-containing products and
member states' mercury education and reduction programs.

Related Information

Clear Skies - Proposed
Clear Skies legislation would create a mandatory market-based program
that would significantly reduce power plant emissions of sulfur
dioxide (SO2),
nitrogen oxides (NOx), and mercury by setting a national cap on
each pollutant and allowing trading.

Guidance and Technical Assistance Resources

Guidance
for Reporting Toxic Chemicals: Mercury and Mercury Compounds
Category (PDF) (49
pp, 96K) - This guidance document is intended to assist industry
with Emergency Planning and Community Right-to-Know Act (EPCRA)
Section 313 reporting for mercury and mercury compounds. In addition
to providing an overview of aspects of the statutory and regulatory
requirements of the EPCRA Section 313 program, this document
also provides recommendations and emission factors to assist
industry with EPCRA reporting.

Interstate
Mercury Education and Reduction Clearinghouse (IMERC)-
The Northeast Waste Management Officials' Association’s
(NEWMOA) Interstate Mercury Education and Reduction Clearinghouse
(IMERC) provides ongoing technical and programmatic assistance
to states that have enacted provisions of the Mercury Education
and Reduction Model Legislation, and provides a single point
of contact for industry and the public for information on mercury-containing
products and member states' mercury education and reduction programs.

Federal Register Notices, Support Documents,
and Public Comments

Laws and Regulations -
Laws and regulations are a major tool in protecting the environment.
This resource explains how laws and regulations are created and
how they are used by the Federal Government, along with resources
about major environmental laws.